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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

ON THE 9^TH DAY OF APRIL 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO.100647 OF 2018

BETWEEN :

MOHINMULLA @ MOINURREHMA

S/O MOHAMMEDISMAIL MULLA

AGE: 48 YEARS, OCC: BUSINESS,

R/O: KAGINELE, TQ: BYADAGI,

DIST: HAVERI.

... PETITIONER

(BY SRI M B GUNDAWADE, ADVOCATE)

AND :

STATE OF KARNATAKA

BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, AT DHARWAD,

THROUGH TOWN POLICE STATION,

HAVERI.

... RESPONDENT

(BY SRI ANAND K. NAVALAGIMATH, H.C.G.P.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF CR.P.C., SEEKING TO ALLOW THE PETITION AND THEREBY

DIRECTING TO RELEASE THE PETITIONER ON BAIL IN CASE OF

ARREST IN HAVERI TOWN P.S.CR.NO.78/2018, FOR THE

ALLEGED OFFENCES UNDER SECTION 384, 511, 353, 504, 506

R/W.34 OF IPC AND U/SEC.4 OF KARNATAKA PROHIBITION OF

VIOLENCE AGAINST MEDICARE SERVICE PERSONNEL AND

DAMAGE TO PROPERTY IN MEDICARE SERVICE INSTITUTIONS

ACT, 2009.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

A person by name Dr.Nagaraj Naik working as a

surgeon at District Hospital, Haveri, has lodged a

complaint stating that on 05.03.2018 at about 1.00 p.m.

when he was in his chambers in the hospital three persons

belonging

to

Karnataka

Vakkoota

Sangha,

Haveri,

including the petitioner came to his chambers and picked

up quarrel alleging that, even though there was stock of

medicines in the hospital seven Doctors in the said hospital

are giving prescription chit to the patients to bring

medicines from outside. It is also alleged that, without

permission they started checking the records kept on the

table of the complainant and the accused persons including

the petitioner started checking the Attendance Register of

the Doctors. It is also further alleged that, on 06.03.2018

at about 2 p.m. when the complainant was near the Court

premises, the accused persons one Mahmad Imtiyaj

contacted him through mobile phone, and all the accused

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persons told him that they are waiting since last two hours

near the chambers of complainant and asked him to go

over to hospital and thereafter when the complainant was

in a meeting the said Mahmad Imtiyaj tried to contact him

once again. Thereafter it is further alleged that the

accused persons have demanded Rs.2,00,000/- from

seven Doctors as compensation for the mis-conduct

committed by them.

2.

On the above allegations, the complaint has

been lodged and it appears some of the accused persons

have already been released on bail by the trial Court on

their appearance before the Court. The nature of

allegations and the facts of the case disclose that, there is

no damage occurred to the complainant or to any of the

properties; the offences alleged in Crime No.78/2018 are

under Sections 384, 511, 353, 504 and 506 read with

Section 34 of I.P.C. which are not punishable with death or

life imprisonment for life.

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3.

Under the above said circumstances, I am of

the opinion that the petitioner has made out a ground for

grant of anticipatory bail by imposing conditions. The

petitioner is arrayed as accused No.2 in the said crime

number. Hence, the following :

ORDER

i.

Petition is allowed.

ii.

Consequently, petitioner shall be released

on bail, in the event of his arrest in

connection with Haveri Town P.S. Crime

No.78/2018 for the offences punishable

under Sections 384, 511, 353, 504, 506

read with Section 34 of I.P.C. and under

Section 4 of the Karnataka Prohibition of

Violence against Medicare Service Personnel

and Damage to Property in Medicare Service

Institutions Act, 2009.

iii.

Petitioner shall surrender himself before the

Investigating Officer within ten days from

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the date of receipt of a copy of this order

and execute his personal bond for a sum of

Rs.50,0